When you use any service or feature offered through InfoCheckUSA.com (InfoCheckUSA,LLC) all of which are hereinafter referred to collectively as "The Service", you agree to all of the terms and conditions of this Agreement and consent to Florida Jurisdiction. Please read the following terms and conditions carefully, as they constitute collectively the agreement (the “Agreement”) between you (the "User") and us.
If you do not agree to these terms and conditions, you will not use this service. By using this service and website you are agreeing to be bound by the terms of this agreement and consenting to Florida Jurisdiction.
Statement of Terms and Conditions -- If Client has requested access to and been approved for background check services that include receiving consumer reports from InfoCheckUSA, LLC., then in connection with requesting and/or receiving any reports from InfoCheckUSA LLC., Client certifies and agrees to:
InfoCheckUSA, LLC. maintains reasonable procedures to deliver the most accurate, timely and informative information products possible. Information is obtained from a variety of sources, including public court records, other information repositories and third-party researchers. Although generally accepted to be reliable, these information systems, archives and sources are not maintained by InfoCheckUSA, LLC. As such, we cannot in any way guarantee the absolute accuracy of the information returned. I understand that Instant Criminal searches may not always be accurate; therefore, a county level "hands-on" search should also be performed. Only fingerprints can positively identify an individual. InfoCheckUSA does not recommend the National Database Search as the PRIMARY or only resource for conducting criminal background checks. However, it is a valuable complement to a thorough criminal records search. When combined with a thorough County Criminal Search, National Criminal Record Searches allow you to cast a wider net and give you the opportunity to identify convictions outside of the counties of residence. Customers MUST review the record coverage associated with the selected search prior to conducting any Database Search on InfoCheckUSA. The customer agrees to the posted data coverage associated with the search performed. InfoCheckUSA will not be held responsible for any criminal records not included in our data coverage. Any records found with a Database search should be properly authenticated before it is used in the hiring decision. This means conducting a County Criminal Record Search in the county where the record has been revealed. This step will allow you to authenticate the record and ensure that it belongs to your applicant. By accepting this report, client hereby represents that this information shall be used for lawful and legitimate purposes in full compliance with the provisions of the Fair Credit Reporting Act (FCRA), Driver's Privacy Protection Act (DPPA), Americans with Disabilities Act (ADA), California Investigative Consumer Reporting Agencies Act (ICRAA) and all other governing local, state and federal statutes. The materials on this Site and the data in The Site's databases are transmitted and distributed "as is" and appear on The Site and in The Site's databases without express or implied warranties of any kind, including, but not limited to, warranties of title or non-infringement, implied warranties of merchantability, or fitness for a particular purpose. InfoCheckUSA makes no warranty as to the quality, accuracy, completeness, timeliness and validity of any materials on The Site or in The Site's databases. Unless requested by a client or by government regulation we will provide the criminal records for a minimum of seven years. I agree that I will not use any social media background reports to determine an individual's eligibility for credit, insurance, employment, housing, or any other purpose covered under the Fair Credit Reporting Act. I understand that a social media background search result does not guarantee any data.
(1) Review the Notice to Users of Reports: Obligations of Users under the Fair Credit Reporting Act, as amended (FCRA), at the website address set forth in the Sales Order or as otherwise provided by InfoCheckUSA LLC., and perform legal obligations as set forth in such notice. Compliance with Applicable Laws: User and InfoCheckUSA shall comply in good faith with all applicable laws in the request, preparation, transmission, dissemination and use of Screening Reports, including, but not limited to, the FCRA, Title VII of the Civil Rights Act of Employment Opportunity Commission (“EEOC”) guidelines and regulations, Consumer Reporting Act (California Civil Code Sections 1785.1 et seq.), Investigative Consumer California Civil Code Section 1786, et. seq.) and all other applicable laws and regulations relating to the use of consumer credit reports and consumer investigative reports.
(2) Use the information provided by InfoCheckUSA LLC. for the permissible purposes (the Permissible Purposes) only, and only in accordance with applicable law. The Permissible Purposes are: (i) legitimate business need in connection with a transaction initiated by a consumer, (ii) for the underwriting of insurance as a result of an application from the consumer or the review or collection of a consumer’s account (iii) for use by a potential investor or servicer, or current insurer, in validation of, or an assessment of, the credit repayment risks associated with an existing credit obligation (iv) for employment purposes. Client may disclose information within any report obtained from InfoCheckUSA LLC. hereunder, to the consumer or potential employee who is the subject of such report, in accordance with applicable law. Client certifies that it will use the information only for the specific Permissible Purposes set forth in the Sales Order.
(3) User shall provide Applicant or Employee with a clear and conspicuous disclosure, in writing, that the Screening Report will be obtained for employment purposes and such disclosure shall be contained in a document containing only such disclosure. User shall provide Applicant or Employee such other disclosures as required by the FCRA and other applicable state and local laws for the type of report requested, including all disclosures which are required before requesting that InfoCheckUSA prepares the Screening Report, and before taking any adverse action based in whole or in part upon any information contained in the InfoCheckUSA Report.
(4) Concurrent with
making the request for a Report, User shall provide InfoCheckUSA with
certification that complies with section 604(b)(1) of FCRA (15 U.S.C.
§1681b(b)(1)), and in the case of a Report that constitutes an investigative
consumer report as defined by the FCRA, an additional certification in a
form that complies with section 606(a)(2) of FCRA (15 U.S.C. §1681d(a)(2))
and all other certifications as may be required by applicable state and
Use For Employment Purposes Only: User shall use the Screening Report provided by InfoCheckUSA for employment purposes only and shall not use the Screening Report in violation of any Federal or State equal employment opportunity law or regulation. User shall notify InfoCheckUSA immediately of any change in purpose for which the information is used.
(5) Written Authorization from Applicant or Employee: User shall obtain from the Applicant or Employee a written authorization to obtain and use the Report as required by the FCRA and all other applicable State and local laws. Obtain the proper written authorization from the applicant or potential employee for each consumer report and investigative consumer report prior to requesting any report.
(6) Basis for Employment Decisions and Obligations After Adverse Decisions: User shall base all employment decisions and actions on its own policies and procedures and acknowledges and agrees that InfoCheckUSA’s employees are not allowed and will not render any opinions regarding the Screening Report. Before taking any adverse action against an Applicant or Employee based in whole or in part on any information provided in the Screening Report provided by InfoCheckUSA. Per FCRA guidelines, User and/or InfoCheckUSA is required provide the Applicant or Employee with a copy of their Screening Report. User shall inform the Applicant or Employee that InfoCheckUSA did not make the decision to take adverse action and cannot give specific reasons for the adverse action taken. User shall further provide a Summary of Rights under the FCRA to the Applicant or Employee. Provide proper additional notice to the applicant or employee, a copy of the report obtained, and a Summary of Rights, as required by the FCRA, if an adverse decision is going to be made due to information in any report obtained from InfoCheckUSALLC. If reports will be used for employment decisions, Client certifies and agrees to provide such additional notice, copy of the report and Summary of Rights to the applicant or employee in advance of any adverse decision regarding employment.
(7) Ensure that reports will be requested only by Client's designated representatives and only for the Permissible Purposes listed in the Sales Order.
(8) Be responsible for the final verification of the applicant’s identity.
(9) Be responsible for the security and dissemination of the customer number provided to Client by InfoCheckUSA LLC.
Protection of User Access ID: If User is issued an access code
to be used for Internet access to InfoCheckUSA’s services (the “Access
Code”), User shall only publicize the Access Code to personnel on a
need-to-know basis. Any log-on or password information provided to User in
connection with the Access Code shall be provided only to an “Account
Administrator” and specific individuals designated as “Authorized Users”.
User shall notify InfoCheckUSA immediately upon any change of the Account
Administrator or Authorized Users.
Protection of Reports: User shall securely store any hard copy of a Screening Report and protect it against release and disclosure to unauthorized personnel or third parties. In furtherance of that obligation, User shall provide to InfoCheckUSA the name of the person requesting the information for each Screening Report request and, where applicable, shall provide the name of the individual who has been designated as the principal Account Administrator.
(10) User shall indemnify, defend and hold InfoCheckUSA and its affiliates and InfoCheckUSA's and its Affiliates' officers, directors, agents, employees, and successors and assigns, harmless from and against any and all claims, demands, costs expenses and liabilities of any kind or nature whatsoever, including, without limitation, reasonable and actual outside attorneys’ fees and costs, which may be incurred by InfoCheckUSA and its affiliates and InfoCheckUSA's and its Affiliates' officers, directors, agents, employees, and successors based upon the illegal or wrongful use by User of the Screening Report, the gross negligence or intentional wrongdoing by User in connection with the use of the Screening Report, unsubstantiated claims brought by the User’s Applicant: or User’s failure to comply with its obligations under the FCRA or other applicable laws in connection with the procurement or use of the Screening Report.
(11) InfoCheckUSA represents and warrants that services will be performed in a diligent and professional manner in accordance with applicable industry standards. InfoCheckUSA shall use its best efforts to provide high quality, timely and accurate information to user, however user recognizes that InfoCheckUSA cannot guarantee the accuracy of the information provided because such information is obtained from public records and other third party sources that may not always be accurate or current. The Screening report obtained by InfoCheckUSA is derived from databases and records that have been created and maintained by various government agencies, private companies, and other contributors that are not under the control of InfoCheckUSA. Responsibility for the accuracy of the information contained in the Screening report and these databases and records rests solely in the contributor. The user waives any and all claim or claims against InfoCheckUSA arising out of or related to the accuracy of the Screening report, databases and records.
(12) Violations of FCRA: For willful
noncompliance with FCRA, a consumer may recover the greater of either actual
damages or a statutory maximum of $2,500, plus possible punitive damages, as
well as reasonable attorney's fees and costs. Under 617 of the Act, recovery
for a violation of actual damages, plus attorney's fees. Under 618, a
consumer may file a civil lawsuit in state or federal court to enforce
compliance and the statute of limitations is five years from the date of
(13) The term of this Agreement shall continue in force and effect without any fixed date of termination.
InfoCheckUSA may, with just cause, such as delinquency or violation of the terms of this Agreement or a legal requirement of this Agreement or any applicable Federal, State or local law, discontinue serving User and terminate this Agreement immediately.
The Individual's Right to Access Personal Data Being Processed
Upon individual written request, InfoCheckUSA will inform you of whether any personal data of which you are the subject is being processed. If personal data of this nature is being processed, you have the right to receive (1) a description of the personal data, (2) the purposes for which the data is being processed, (3) a list of the recipients to whom the data may be disclosed, and (4) information regarding the source of the data. The information provided to you will be in a format that is easy to understand. All such written requests must be sent by letter or e-mail to the company listed at the end of this policy.
Exceptions to the Right to Access Personal Data
Pursuant to the Data Protection Act of 1998, there are several situations in which an individual does not have the right to request personal data. For example, you may not receive information located in your personal data which identifies another individual, unless either (1) the other individual provides permission or (2) it is reasonable to comply with the request without the consent of the individual. In addition, you do not have a right to personal data processed for the prevention or detection of crime, the apprehension or prosecution of offenders, or the assessment or collection of any tax or duty. Furthermore, parts of the personal data containing information constituting a trade secret or providing the logic involved in any decision-making may be withheld from disclosure. The Secretary of State may provide or order additional exemptions relating to health, education, social work, or government functions.
You have been invited to access and use the Hosted Service by Company or its representative. By accessing or otherwise using the Hosted Service (including any portion of the Hosted Service) or any of the data from the Hosted Service, you represent that: (a) you are either (i) a researcher providing information to Company in connection with a background check (or an employee or agent of, or consultant to, such a researcher who is authorized to accept these terms on behalf of that researcher, in which event "you" and "your" will refer to you and such researcher); or (ii) a customer purchasing background check services from Company (or an employee or agent of, or consultant to, such a customer who is authorized to accept these terms on behalf of that customer, in which event "you" and "your" will refer to you and such customer), and (b) you intend to be personally bound by the terms of this Agreement. If you are not so authorized or do not intend to be personally bound, Company is unwilling to provide you with access to the Hosted Service, and the access or use of the Hosted Service is a violation of U.S. and international copyright laws and conventions.
1. Defined Terms
“Hosted Service” means the provision of access over the Internet to the Company Intellectual Property for your Authorized Use.
“Authorized Use” means that you may access or use the Hosted Service only as follows: (a) if you are a researcher to Company, you may access and use the Hosted Service to provide information to Company in connection with a background check; and (b) if you are a customer of Company, you may access and use the Hosted Service to order and purchase background check services from Company.
“Company Intellectual Property” means the background check software as well as other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Hosted Service, whether owned by Company or licensed to Company by third party licensors, developers or other suppliers (collectively, “Suppliers”). Company Intellectual Property includes any modifications, error corrections, updates, enhancements, and upgrades to the Company Intellectual Property; any HTML code and/or Java applet(s) generated by or included in the Hosted Service; the Company’s website through which the Hosted Service is accessed; content included on the Company’s website and any information generated by or collected through use of the Hosted Service; and any associated media, training materials, printed materials, and online or electronic documentation.
2. Access and Use License to the Hosted Service
You may access and use the Hosted Service only for your Authorized Use. The extent to which you can access the Hosted Service is determined by Company and is further limited as specified in the Hosted Service user documentation contained in the “Online Help” screen. You may not use, distribute, display, transmit, reproduce or otherwise exploit any of the Hosted Service, or its contents, for any other purpose.
3. Ownership of Intellectual Property
The Hosted Service contains confidential trade secret information of Company and its Suppliers. Company (and its Suppliers) retains all right, title and ownership of the Hosted Service, including the Company Intellectual Property, and any and all proprietary rights (including patent rights, copyrights, trade secrets, trademarks, trade names, service marks, designs or design marks or proprietary inventions, designs, information, sequence, structure, organization, and functionality) with respect to all of the foregoing. Nothing in this Agreement is intended to convey any rights therein to you, other than the right to use the Hosted Service in the manner and to the extent permitted in this Agreement.
Upon your registration, Company will provide you with (or you will select) a login ID and unique password to access the Hosted Service. You agree to (a) provide true, complete, accurate and current data, as requested in the registration process (and maintain and update such data); (b) prevent unauthorized access or use by you or others by using your password; (c) promptly report any unauthorized use or disclosure of your password or other breach of any Hosted Service security; and (d) not assign or transfer (or attempt to do the same) any rights granted to you under this Agreement. Company reserves the right to suspend, or to refuse any further, access or use of the Hosted Service if Company learns or reasonably suspects that your registration information is false or inaccurate, if you refuse to provide complete and updated registration information, or if you misuse or permit another to use your login ID or password who is not authorized to do so or for any other breach of security. You acknowledge and agree that you (and not Company) are responsible for maintaining the confidentiality of the password and that you (and not Company) are liable for any harm that may result from disclosing (or allowing the disclosure of) your password or other breach of this Agreement.
5. Prohibited Actions
As a condition to your Authorized Use of the Hosted Service, you must use the Hosted Service for lawful purposes only and only as expressly permitted in this Agreement. You agree to not do any of the following, in any manner whatsoever, alone or through any other person or entity, and your compliance is something that Company, in its sole and absolute discretion, will determine:
(a) Restrict or inhibit any authorized users from accessing or using the Hosted Service;
(b) Transmit to or introduce at the Hosted Service any viruses intended to damage, interfere with, disrupt, intercept or expropriate the Hosted Service ("Viruses"), or otherwise implement or engage in on-line activities, attacks or actions in a manner that have a disruptive or detrimental effect ("System Attacks");
(c) Use the Hosted Service for any purposes that are unlawful or illegal under any law, regulation or legal requirement or that could give rise to civil or criminal liability or actions against Company (or its Suppliers), you or any other third party;
(d) Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary revisions (such as proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements); or
(e) Post, submit, upload, e-mail or otherwise transmit any content, material or other thing at, to or through the Hosted Service that infringes or violates the rights of others, including without limitation, copyright, trademark, trade secret or other intellectual property and proprietary rights, privacy or publicity rights.
6. Other Restrictions and Limitations Applicable to Your Use of the Hosted Service
(a) Confidentiality. The Hosted Service is confidential and proprietary to Company (and its Suppliers). You agree that, unless you have the express written consent of Company, you will not disclose, transfer or otherwise provide to any third party all or any part of such Hosted Service except as authorized by this Agreement.
(b) Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the Company Intellectual Property, including any other technology utilized to provide the Hosted Service.
(c) No copies or modifications. You may not modify, publish, participate in the transfer or sale of, or create new works from any of the Hosted Service, in whole or in part.
(d) Rental. You may not rent or lease any of the Hosted Service.
(e) Proprietary Notices. You may not remove any copyright, trademark or other proprietary notices from the Hosted Service or any content or information generated from it.
Your access to and use of the Hosted Service may be terminated, limited, denied or disabled at any time, without the necessity of Company sending you notice or otherwise advising you of your loss of rights, if you use the Hosted Service in a way that is not authorized or if you otherwise violate any of the terms, conditions or restrictions stated in this Agreement. Accordingly, you may or may not be able to recover information stored on the Hosted Service. Termination or cancellation of this Agreement will not affect any right or relief to which Company or its Suppliers may be entitled, at law or in equity. Upon termination of this Agreement, all rights to use the Hosted Service will terminate.
8. Disclaimer of Warranty.
The Hosted Service is provided "AS IS," without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS OF QUALITY, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE HOSTED SERVICE, AND ACCESS TO THE HOSTED SERVICE. COMPANY DOES NOT WARRANT THAT THE OPERATION OF OR ACCESS TO THE HOSTED SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOUR ACTUAL RIGHTS MAY VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
You agree to indemnify, defend, and hold harmless Company and its Suppliers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (a) use or misuse of the Hosted Service by you or any other person who accesses the Hosted Service using your login ID or password; (b) any violation of this Agreement; or (c) any violation of any rights of a third party.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HOSTED SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL COMPANY’S ENTIRE LIABILITY UNDER THIS AGREEMENT, FOR ANY AND ALL CAUSES OF ACTION, REGARDLESS OF LEGAL THEORY, EXCEED $75 (SEVENTY-FIVE DOLLARS).
11. Claims Regarding Your Use of The Hosted Service
This Agreement is governed by and is to be construed under the laws of the State of Florida. The sole jurisdiction and venue for any litigation arising out of this agreement will be an appropriate state or federal court in Duval County, Florida. You hereby consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods will not apply. If Company brings a lawsuit, claim or other proceeding against you to enforce this Agreement or brings you into one in connection with enforcement of this Agreement, Company will be entitled to recover from you (and you agree to pay), in addition to all damages that may be awarded, reasonable and necessary attorney's fees and any costs of litigation. If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court will reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision) and, as so reformed or modified, fully enforce this Agreement.
12. Entire Agreement; Changes to this Agreement
The terms of this Agreement constitute the entire and exclusive agreement between you and Company regarding the Hosted Service and its use, and supersede all other agreements, understandings and communications regarding the subject matter of this Agreement, if any, both oral or written, whether made prior or subsequently to or contemporaneously with your use of the Hosted Service. Company retains the right to modify the terms or conditions of this Agreement at any time and will notify you of such changes in writing. You are bound to all changes the Company may make to these terms and, therefore, should periodically revisit these terms and review them to make sure you comply with all changes. Otherwise, this Agreement may not be superseded or modified except in a writing signed by an authorized representative of Company. If at any time you cannot comply with any of the terms and conditions of this Agreement, then you should terminate and discontinue all access to and use of the Hosted Service.
At InfoCheckUSA, we are committed to protecting your privacy. We use the information we collect to process orders and provide a more personalized Internet experience. Please read on for more detail about our security policy.
How We Use the Information We Collect
When you order, we need to know your name, e-mail address, mailing address, credit card number and expiration date. This allows us to process and fulfill your orders and to notify you of your order status. When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address so we can administer the contest and notify winners. We personalize your shopping experience by using your purchases to shape our recommendations about new products that might be of interest to you. We also monitor customer traffic patterns and site usage to help us develop the design and layout of our site.
We may also use the information we collect to occasionally notify you about important functionality changes to the Web site, new InfoCheckUSA, LLC. products and special offers we think you'll find valuable. Registering with InfoCheckUSA, LLC. allows you to personalize your start-up page and participate in forums and chat rooms. Once you have registered, we will ask you for your account name and password to log in to these areas. We may use aggregate, non-identifying information about our members to market our site to advertisers and other third parties.
How We Protect Customer Information
When you place orders or access your account information, we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the customer data we collect is protected against unauthorized access. In the unlikely event unauthorized use of your credit card occurs, follow the reporting procedures defined by your credit card provider and contact us immediately. Any PII information contained on documents in our office are immediately shredded after use. If you are more comfortable with inputting your credit card number over the phone, you can call our Customer Service Center with your credit card information. For customer service call 1.888.968-8374
Modifying Personal Information
If a user's personally identifiable information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate user's personally identifiable information. This can usually be done by logging into your account or by emailing our Customer Support , or contact us by telephone or postal mail at the contact information listed below.
This Web site takes every precaution to protect our user's information. When users submit sensitive information via the Web site, their information is protected both online and off-line.
When our registration/order form asks users to enter sensitive information (such as credit card number and/or social security number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator, Firefox and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just surfing.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our user's information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to user information. Finally, the servers that store personally identifiable information are in a secure environment, behind a firewall.
What We Do With Our Information
InfoCheckUSA, LLC. does not sell, trade or rent your personal information to others. Also, InfoCheckUSA may provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. We will NEVER sell, rent or lease any of your personal information such as Name, Address, Phone Number, eMail Address or Report Results.
E-mail addresses may be used to send out periodic product and special announcements. If at any time you do not want to receive additional information from InfoCheckUSA, send an e-mail to Support@InfoCheckUSA.com with subject line "remove from InfoCheckUSA e-mailing list" and a brief comment as to your reason for being removed from the list. We ask for a comment only to improve our customer and member service.
We partner with other third parties (government agency, private database agency) to provide specific services. When the user signs up for these particular services, we share names, or other contact information, SSN Data of Birth that is necessary for the third party to provide these services. These third parties are not allowed to use personally identifiable information except for the purpose of providing these services.
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user's movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. IP addresses are tied to personally identifiable information to enable our Web-based service.
As a global provider of electronic
discovery and related services, InfoCheckUSA, LLC places the highest value
on ensuring the security of all data entrusted to us by our law firm and
corporate clients. We respect individual privacy rights and have
established internal protocols to assure that our security and privacy
practices and procedures comply with both US and international law.
to follow with respect to the collection, preservation and transfer of
personal data from the European Union ("EU") and/or the European Economic
Area ("EEA") to the United States for electronic data discovery processing,
Web hosting, and related services.
The European Parliament and the Council of the European Union adopted Directive 95/46/EC on Data Protection to set standards for the security and transfer of personal data. The Data Directive limits the transfer of personal data to countries outside of the EU and the EEA for processing to only those countries that can ensure an adequate level of protection for an individual’s personal data. The United States Department of Commerce and the European Union developed a set of Safe Harbor Principles regarding personal data privacy and security that, when followed, permit an organization to certify that it provides adequate protection for the transfer of EU personal data to the US for processing. InfoCheckUSA, LLC fully commits to follow the Safe Harbor Principles with respect to all personal data received from any individual or entity in the EU or the EEA.
Directive -- The Directive is the European Union’s Directive on Data Protection which took effect in October 1998.
Safe Harbor Privacy Principles - -
These are the principles developed by the EU and the United States
Department of Commerce to ensure that entities not covered by the Directive
adhere to privacy principles after receiving personal data and personal
information from the EU.
Personal data - Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity
Processor - A natural or legal person, public authority, agency or any other body which processes personal data on behalf of the controller
Controller - The natural or legal person, public authority, agency or any other body which alone or jointly with others determines the purposes and means of the processing of personal data; where the purposes and means of processing are determined by national or Community laws or regulations, the controller or the specific criteria for his nomination may be designated by national or Community law
Notice and Choice
When acting as a data processor within the meaning of the Data Directive, InfoCheckUSA, LLC reserves the right to process personal information on behalf of and under the direction of our law firm and corporate clients without providing notice to individuals or Data Protection Authorities to the extent permitted by the Safe Harbor Agreement. When collecting data in the EU, InfoCheckUSA, LLC acts on behalf of and under the direction of our law firm and/or corporate clients, to collect only data relevant to the litigation or other matter at hand. Individuals and business entities from which we collect data are provided with information regarding the purpose for which data is being collected, how it will be used and the type of non-agent third parties, if any, to which we disclose personal information. These individuals or entities are also provided with information about the choices and means offered by InfoCheckUSA, LLC for limiting the use or disclosure of their personal data.
Disclosure and Transfer
InfoCheckUSA, LLC will not disclose an individual’s personal data to any third party without the consent of our company or corporate clients unless one or more of the following are true:
InfoCheckUSA agrees to offer individual citizens of the EU or EEA with access to their personal data for purposes of correcting, amending or deleting inaccurate information unless the cost or burden of providing the access and changing or deleting the data proves unreasonable in view of the risk to the individual’s privacy. A reasonable fee compensating InfoCheckUSA, LLC for resource use related to accessing, changing or deleting the personal information may be imposed.
InfoCheckUSA, LLC takes reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. Our security measures include physical, electronic, workflow and managerial protocols to safeguard and secure the personal data we process.
InfoCheckUSA, LLC processes personal information only in ways that are compatible with the purpose for which the data was collected or subsequently authorized by the individual. InfoCheckUSA, LLC will take reasonable steps to ensure information is relevant to its intended use and remains accurate, complete and current.
InfoCheckUSA, LLC will follow any advice given by the Data Protection Authorities, including remedial or compensatory measures for individuals affected by non-compliance, and will provide the Data Protection Authorities with written confirmation that such corrective action has been taken, subject to the Company’s right to dispute the requested actions or remedial measures with the Federal Trade Commission.
Any questions or concerns regarding the use or disclosure of Personal Information should be directed to the InfoCheckUSA, LLC Privacy Office at the address given below. InfoCheckUSA,LLC will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between InfoCheckUSA,LLC and the complainant, InfoCheckUSA,LLC has agreed to participate in the dispute resolution procedures of the panel established by the European data protection authorities to resolve disputes pursuant to the Safe Harbor Principles.
Contact Info for Consumer Complaints and Investigations
InfoCheckUSA.com websites may contain links to other "non-InfoCheckUSA" websites. InfoCheckUSA assumes no responsibility for the content or the privacy policies and practices on those websites. InfoCheckUSA encourages all users to read the privacy statements of those sites; their privacy practices may differ from those of InfoCheckUSA.
All background check reports are NON-REFUNDABLE. You pay for our search service and not the results. We will not grant a refund after a search has been ordered UNLESS you did not receive the results or you were charged more than once for the same search. As a client you are responsible for understanding this upon ordering any report at our site.
Client understands that I am liable for all payments
charged to my account by me or anyone using my "Log in ID" and "Password" to
access any area of The Site. Additional charges may apply to ensure only
completely accurate and up-to-date records are reported; therefore, I
understand and authorize that a County Criminal Check may be ordered by
InfoCheckUSA via my account to properly verify records returned on any
Instant Criminal Check.
Client agrees to pay for responses returned from my queries of "Criminal, Driving & Any Investigative Type Searches" even if said responses include zero records.
Due to the nature of our Business, we DO NOT provide Refunds for the following Instant Searches: Criminal, Sex Offender, Social Security Number, Homeland Security, Eviction Records and Driving Records.
NO REFUNDS for Driving Records will be granted if the information you have submitted comes back as incorrect, invalid, in error or as “No Records Found". In addition NO REFUNDS will be granted under any circumstance since MVR reports are instant.
NO REFUNDS are granted for duplicate orders since the reports have already been processed and we have been charged by the courts for the data.
NO REFUNDS are granted for incorrect data entered for the search (ie. name misspellings, incorrect date of birth, incorrect SSN).
NO REFUNDS are granted for Education, Employment or Reference Checks that are returned as UNABLE TO VERIFY since a researcher has already attempted to obtain verification of the records based on the information submitted in the order - 3 attempts are made before the search is closed.
NO REFUNDS are granted for additional County Criminal checks that were ordered to properly verify records ("hits") on the instant criminal report. We may have to order a County Check via your account to properly verify records from an instant database check.
Exceptions to Our Refund Policy:
1.) The NON-INSTANT search was ordered by mistake and has not been processed.
2.) You made a manual online payment trying to order a search instead of selecting Order Reports.
3.) There was a System Error (must provide proof ie. screen shot or exact error message ) that double charged your card.
NOTE: Regardless of Exception, NO REFUNDS can be processed after 60 days due to our merchant system restrictions.
If you feel your charges are an exception please SUBMIT A SUPPORT TICKET so our Accounting Department can investigate your request.
If you have a dispute about a charge, we urge you to SUBMIT A SUPPORT TICKET before disputing the charge with your credit card company. We will investigate the dispute and resolve any issues immediately. Charge backs are taken seriously and are automatically referred to a collections agency.
There is a $5.00 CANCELLATION FEE on all Search Orders regardless of circumstance. In addition, a $5.00 ADMIN FEE may be assessed for Account terminations and refund processing.
LATE PAYMENT FEES
Invoices not paid by the due date will be assessed late payment fees as follows:
A late payment fee of $10.00 will be charged the first time that an account becomes past due for the billing period. An additional late payment fee will be charged each subsequent billing period that charges remain past due. In addition, if Service is interrupted for non-payment, there will be an Account restoration fee of $15.00, payable in advance, in addition to the over due charges.
The purpose of this chargeback policy is to recover operating expenses incurred from protecting the company’s financial well-being from those individuals who would take financial advantage of our services instead of utilizing our contact and support system.
InfoCheckUSA.com considers chargebacks and any kind of disputes through payment processors to be fraud if a customer has made no reasonable effort to work with us to resolve any problems with a purchase. In other words, we expect our customers to follow our refund policy instead of issuing a chargeback or opening a dispute, and chargebacks/disputes are always considered to be fraud. Fraudulent chargebacks may be turned over to a law enforcement or collection agency.
Since fraudulent purchases are often associated with malware and phishing, immediate termination of all services related to the chargeback is required to prevent possible damage. When InfoCheckUSA.com receives a chargeback notice, the account in which the service was purchased is immediately blocked, and all related services in the account are terminated.
Please, be advised, that a customer must reverse the chargeback in order to restore a blocked account.
All chargebacks not only cost our employees time away from our usual and customary matters of conducting normal business, but cost us money. Therefore, you agree that if you, the buyer, choose to do business with InfoCheckUSA.com, and you issue a chargeback, you agree to pay us $50.00 for our time responding to the matter. You, the buyer, authorize us to charge this amount to your account balance or credit card.To cancel a chargeback, you must contact your credit card provider and issue a chargeback reversal. To cancel an open dispute you must contact the online payment processor and close your dispute.